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Stephen F. Austin State University Minutes of the Board of Regents Nacogdoches, Texas April 29,1986 Volume 78 INDEX MINUTES OF THE MEETING STEPHEN F. AUSTIN STATE UNIVERSITY BOARD OF REGENTS HELD IN NACOGDOCHES# TEXAS April 29, 1986 PAGE 86-65 Amendment of Board Rules 2 86-66 Election of Chairman of the Board. ...... [ [ 2 86-67 Election of Vice Chairman of the Board ...... 2 86-68 Election of Secretary to the Board . . 2 86-69 Approval of Minutes of January 21, 1986 . . . . / 2 86-70 Approval of Minutes of March 10, 1986 \ 2 86-71 Faculty and Staff Appointments for 1986-87 . . . . 2 86-72 Faculty and Staff Appointments [ 2 86-73 Changes in Status [ [ 9 86-74 Retirements 10 86-75 Resignations ' ! ! ! ! 11 86-76 Terminations !!!!!!! 12 86-77 Leaves of Absence !!!!!!!! 13 86-78 Returns from Leave ......... 13 86-79 Promotions !!!!!!!! 14 86-80 Designation of Regents1 Professors ....'...[ 14 86-81 Tenure Awards ! ! ! ! 14 86-82 Amendment to Constitution of Faculty Senate. . . ! 15 86-83 Amendment to Policy Entitled "Procedural Guarantees Relating to Termination and Non-Renewal of Contracts" 15 86-84 Approval of Summer 1986 Budget .......... 15 86-85 Approval of Annual Budget for FY87 ........ 16 — * Certification [ [ 16 86-86 Authorization to Purchase Property on 214 Carolyn Street 16 8 -87 Authorization to Seek Bids on Contract Work for Liberal Arts North Fourth Floor Addition 26 86-88 Approval of Budget for Liberal Arts*North Fourth Floor Addition lg 86-89 Authorization to Seek Bids and Issue a Purchase Order for Site Preparation for the Stephen F. Austin Statue 17 Approval of Change Order No. 3—Griffith Fine Arts Renovation Project , 17 Approval of Contract on Replacement of Telephone System 17 Authorization to Seek Bids for Telephone Equipment Room Site Work Preparation 17 Approval of Contract for Stadium Drainage System and Track Renovation Work 17 PAGE 86-94 Authorization to Seek Bids on Replace ment of Carpet on the Second Floor of the Library 18 86-95 Authorization to Change Name of Lumber jack Stadium to Homer Bryce Stadium 18 86-96 Authorization to Name Forestry Field Station "Temple-Eastex Forestry Laboratory" 18 86-97 Authorization to Change the Name of Vista Drive to Alumni Drive 18 86-98 Approval of Preliminary Plans for Rusk Renovation Project 18, 86-99 Meeting Adjourned . . . . . . T8 Amended Page 2 of Board Rules. ......... 19 Change Order No. 3, Renovation of Griffith Building 20 Contract, Gorrell Contracting Company, Drainage Improvements at Lumberjack Stadium 21 Contract, Gorrell Contracting Company, Athletic Track Preparation, Lumberjack Stadium 32 Contract, Balsam America Sports Facilities, Installation of Athletic Track Surface .... 43 MINUTES OF THE MEETING BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY HELD IN NACOGDOCHES, TEXAS April 29, 1986 The meeting was called to order by Mr. W. F. Garner, Jr., Chair man of the Board of Regents, at 9:00 a.m., April 29, 1986. REGENTS PRESENT: ABSENT: STAFF PRESENT: STUDENTS PRESENT: Mr Mr Mr, Mr, Mr. Mr. Mr. Larry Jackson of .Piano Homer Bryce of Henderson Dan Haynes of Burnet Richard Hile of Jasper John O. Sutton of Nacogdoches Lavoy Moore of Conroe W. F. Garner, Jr., of Bridge City Willia B. Murphy Wooten of Crockett Mr. Phil Simpson of Dallas Dr Mr William R. Johnson, President Don Henry, Vice President for Administrative and Fiscal Affairs Mr. Bob Provan, Legal Counsel Dr. Baker Pattillo, Vice President for University Affairs Dr William J. Brophy, Interim Vice President . for Academic Affairs Dr. Nancy C. Speck, Director of Development Ms. Sheril Moore 86-65 Upon motion of Regent Hile, seconded by Regent Moore, with all members..^voting aye, it was ordered that the Rules and RegulatiopsT of\ the Board of Regents be amended to strike the second sentence of the second paragraph of section 4. (See pag^e [°[ /or amended Rules and Regulations). 86-66 Upon motion of Regent Sutton, seconded by Regent Hile, with all members voting aye, it was ordered that Regent Jackson be elected as Chairman of the Board. 86-67 Upon motion of Regent Sutton, seconded by Regent Hile, with all members voting aye, it was ordered that Regent Haynes be elected as Vice Chairman of the Board. 86-68 Upon motion of Regent Sutton, seconded by Regent Hile, with all members voting aye, it was ordered that Don L. Henry be elected as Secretary to the Board. 86-69 Upon motion of Regent Bryce, seconded by Regent Garner, with all members voting aye, it was ordered that the minutes of the meeting of January 21, 1986, be approved. 86-70 Upon motion of Regent Hile, seconded by Regent Haynes, with all members voting aye, it was ordered that the minutes of the meeting of March 10, 1986, be approved. 86-71 Upon motion of Regent Moore, seconded by Regent Garner, with all members voting aye, it was ordered that the faculty and staff appointments for 1986-87, as submitted under separate cover, be approved. 4 86-72 Upon motion of Regent Sutton, seconded by Regent Haynes, with all members voting aye, it was ordered that the following individuals be employed for the positions, dates, and salaries indicated: 1. Department of Accounting Mr. Nowlin Ross Quarles, 39, M.S.S.M. (University of Southern California), Assistant Professor of Accounting, at a salary of $32,000 for 100% time for nine months, effective September 1, 1986. Department of Administrative Services Dr. Elizabeth Ryan Brice, Part-time Instructor of Administrative Services, at a salary of $1,500 for 25% time for the spring semester, 1986. Dr. Libbyrose Dalton Clark, Lecturer of Adminis trative Services, at a salary of $8,000 for 100% time for spring semester, 1986. Dr. Florence Elliott-Howard, Part-time instructor of Administrative Services, at a salary of $1,500 for 25% time for the spring semester, 1986. Department of Communication Mr. Robert Thomas Armistead, Lecturer of Communication, at a salary of $8,000 for 100% time for the spring semester, 1986. Mr. Benjamin Click, Lecturer of Communication, at a salary of $6,000 for 100% time for the spring semester, 1986. Mr. Steve Richard Jennings, Part-time Instructor of Communication, at a salary of $1,600 for 25% time for the spring semester, 1986. Mr. Mark Zindler, Part-time Instructor of Communi cation, at a salary of $4,000 for 50% time for the spring semester, 1986. Department of Computer Science Mr. David William South, Lecturer of Computer Science, at a salary of $9,500 for 100% time for the spring semester, 1986. Department of Counseling and Special Educational Programs Ms. Bettie Sue White, 57, M.Ed. (Stephen F. Austin State University), Part-time Instructor of Counseling and Special Educational Programs, at a salary of $1,500 for 25% time for the spring semester, 1986. Criminal Justice Program Mr. Brian J. Kelly, 42, M.A. (Sam Houston State University), Part-time Instructor of Criminal Justice, at a salary of $1,500 for 25% time for the spring semester, 1986. Mr. John Daniel Norton, Part-time Instructor of Criminal Justice, at a salary of $5,250 for 75% time for the spring semester, 1986. Dr. Robert Brian OfKeefe, Part-time Instructor of Criminal Justice, at a salary of $1,500 for 25% time for the spring semester, 1986. Mr. Robert J. Provan, Part-time Instructor of Criminal Justice at a salary of $1,700 for 25% time for the spring semester, 1986. Mr. Walter Hayes Scalen, Jr., Part-time Instructor of Criminal Justice, at a salary of $1,500 for 25% time for the spring semester, 1986. Dr. Richard Todd Shigley, 39, Ed.D (Montana State University), Assistant Professor of Criminal Justice, at a salary of $25,000 for 100% time for nine months, effective September 1, 1986. 7. Department of Economics and Finance Mr. David Wright Durr, Lecturer of Economics and Finance, at a salary of $9,000 for 100% time for the spring semester, 1986. Ms. Sarah Nelle Richardson, Lecturer of Economics and Finance, at a salary of $5,000 for 75% time, and Lecturer of Applied Arts at a salary of $1,750 for 25 % time (combined salary of $6,750) for the spring semester, 1986. Dr. Joe Bert Stine, 40, D.B.A. (Louisiana Tech University), Associate Professor of Economics and Finance, at a salary of $37,500 for 100% time for nine months, effective September 1, 1986. 8. Department of Elementary Education Ms. Annelle Barbin, Part-time Instructor of Elementary Education, at a salary of $1,500 for 25% time for the spring semester, 1986. Ms. ^Judy Ann Barnes, Part-time Instructor of Elementary Education, at a salary of $4,000 for 50% time for the spring semester, 1986. . Ms. Brenda Von Bowman, Part-time Instructor of Elementary Education, at a salary of $1,500 for 25% time for the spring semester, 1986. Dr. Newel Gene Holland, Part-time Instructor of Elementary Education, at a salary of $2,000 for 25% time for the spring semester, 1986. Ms. Deanna C. Petty, Part-time Instructor of Elementary Education, at a salary of $1,500 for 25 % time for the spring semester, 1986. 9. Department of English and Philosophy Mr. Cydney W. Adams, Part-time Instructor of English, at a salary of $1,625 for 25% time, and Part-time Instructor of History, at a salary of $1,625 for 25% time (combined salary of $3,250) for the spring semester,- 1986. Ms. Annette S. Dawson, Part-time Instructor of English, at a salary of $1,860 for 25% time for the spring semester, 1986. 10. Department of Geology Mr. Martin J. Deuth, Part-time Assistant Professor of Geology, at a salary of $3,844 for 33% time for the spring semester, 1986. Mr. Joseph R. Pate, Part-time Instructor of Geology, at a salary of $5,000 for 50% time for the spring semester, 1986. 11. Department of Health and Physical Education Dr. Jane D. Robertson, 54, Ed.D. (University of Alabama), Part-time Instructor of Health and Physical Education, at a salary of $4,000 for 50% time for the spring semester, 1986. Mr. E. K. Sowell, Part-time Instructor of Health and Physical Education, at a salary of $4,362 for 50% time for the spring semester, 1986. 12. Department of History Ms. Hazel S. Abernathy, Part-time Instructor of History, at a salary of $1,800 for 25% time for the spring semester, 1986. 13. Department of Management and Marketing Mr. Robert S. Anderson, Part-time Instructor of Management and Marketing, at a salary of $3,151 for 50% time for the spring semester, 1986. Mr. Rocky Dumas, Lecturer of Management and Marketing, at a salary of $6,000 for 100% time for the spring semester, 1986. Mr. Troy A. Hargis, Part-time Instructor of Management and Marketing, at a salary of $5,878 for 50% time for the spring semester, 1986. 14. Department of Mathematics and Statistics Dr. Robert R. Fleet, Lecturer in Mathematics, at a salary of $7,400 for 100% time for the spring semester, 1986. Mr. Stuart Jim Gouvernante, Lecturer of Mathematics, at a salary of $6,000 for 100% time for the spring semester, 1986. Mr. Hossein Mohammed Hosseinpour, Lecturer of Mathematics, at a salary of $6,200 for 100% time for the spring semester, 1986. 15. Department of Modern Languages Ms. Joanne C. Howard, Part-time Instructor of Modern Languages, at a salary of $3,256 for 50% time for the spring semester, 1986. Mr. Manuel Mendoza, Part-time Assistant Professor of Modern Languages, at a salary of $6,724 for 50% time for the spring semester, 1986. 16. Department of Music Ms. Elizabeth Clayton, part-time Instructor of Music, at a salary of $3,000 for 50% time for the spring semester, 1986. Mr. William Krause, Part time Instructor of Music, at a salary of $3,000 for 50% time for the spring semester, 1986, 17. Division of Nursing Ms. Ellen Duke, 27, M.S.N. (University of Texas at Houston), Part-time Instructor of Nursing, at a salary of $5,000 for 50% time for the spring semester, 1986, 18. Department of Political Science and Geography Mr. David Ross Thomas, 48, M.Ed. (East Carolina University), Lecturer of Political Science, at a salary of $1,467 for the spring semester, 1986. 19. Department of Psychology Ms. Jessica Ann Hart, 36, M.A. (Stephen F. Austin State University), Part-time Instructor of Psychology, at a salary of $2,100 for 25% time for the spring semester, 1986. Dr. True S. Mann, 52, Ph.D. (East Texas State University), Part-time Instructor of Pshchology, at a salary of $7,875 for 75% time for the spring semester, 1986. 20. Department of Secondary Education Dr. John C. Austin, Part-time Professor of Secondary Education, at a salary of $9,086 for 50% time for the spring semester, 1986. Dr. Harry J. Beavers, 45, Ed.D. (East Texas State University), Part-time Instructor of Secondary Education, at a salary of $2,000 for 25% time for the spring semester, 1986. Dr. Allen Gordon Cannon, Part-time Instructor of Secondary Education, at a salary of $4,000 for 50% time for the spring semester, 1986. Dr. Marvin Crawford, Part-time Instructor of Secondary Education, at a salary of $2,000 for 25% time for the spring semester, 1986. Dr. Clyde Iglinsky, Part-time Instructor of Secondary Education, at a salary of $2,000 for 25% time for the spring semester, 1986. Dr. Mary Jo Velvin, 35, Ed.D. (East Texas State University), Part-time Instructor of Secondary Education, at a salary of $2,000 for 25% time for the spring semester, 1986. 21. Social Work Program Mr. Roger Bruce McNellie, Part-time Instructor of Social Work, at a salary of $1,500 for 25% time for the spring semester, 1986. 22. School of Applied Arts and Sciences The following persons are employed for the spring semester, 1986 at the location and for the salary indicated. Dr. Mary Appleberry Dr. Joe Ballenger Dr. Royce Burton Dr. Leonard Cheever Dr. Wilbur Rhea Clark Dr. Charlene Crocker Dr. Ralph Eddins Dr. Dale Fish Mr. Charles Gardner Dr. Donald Gregory Dr. Vivian Gruber Dr. William Heeney Dr. Harold Hill Dr. Jerry Irons Dr. Langston Kerr Dr. Mary Ella Lowe Dr. Samir Maamary Dr. Bruce Payette Dr. Milton Payne Dr. Douglas Prewitt Dr. Kay G. Rayborn Mr. Douglas Lynn Raymond Mr. Jesse Richardson Dr. J. A. Rodriguez Dr. Donnya Stephens Dr. John T. Thornton Dr. Elizabeth Vaughan Dr. William Weber Mr. Richard S. Wilson 23. University Affairs Ms. Peggy Scott, Assistant Dean of Student Develop ment, at a salary of $21,000 for twelve months, effective March, 1986. Mr. Steve Scott, Placement Coordinator, at a salary level of $20,000 for twelve months, effective March 3, 1986. 86-73 Upon motion of Regent Garner, seconded by Regent Bryce, ■ with all members voting aye, it was ordered that the following changes in status be approved: 1. Office of the Vice President for Academic Affairs Dr. James V. Reese, Dean of the School of Liberal Arts, to Vice President for Academic Affairs, at an annual salary of $60,194, effective August 1, 1986. 2. School of Liberal Arts Dr. William J. Brophy" Associate Vice President for Academic Affairs and Professor of History, to Dean of the School of Liberal Arts, Interim Dean of the. School of Sciences and Mathematics, and Professor of History, at an annual salary of $56,636, effective August 1, 1986. 3. Department of English and Philosophy Dr. Roy Cain, Professor of English and Chairman of the Department of English and Philosophy, to Professor of English, effective September 1, 1986. Dr. Kirby L. Duncan, Professor of English, to Professor of English and Chairman of the Department of English and Philosophy at a salary of $49,300 for eleven months, effective September 1, 1986. 4. Applied Studies Dr. Samir Maamary, Associate Professor of Sociology, from $790 to $1,050 for teaching two courses in Humble during the fall semester, 1985. 5. Department of Communication Ms. Sara Bess Dudley, Part-time Instructor of Communication, from $3,500 for 50% time to $5,250 for 75% time, for the spring, semester, 1986. 6. Department of Music Dr. Max Lynn Morley, Associate Professor of Music, at a salary of $27,585 for 100% time for nine months to Interim Dean, School of Fine Arts, at a salary of $28,335 for 100% time, effective January 15, 1986. 10 7. University Affairs Ms. Dorris Fortson, from Senior Secretary at a salary of $11,336 to Coordinator for University Reservations and Conferences at a salary of $14,500f effective February lf 1986. 8. Administrative and Fiscal Affairs Ms. Bonita A. Barrington, from Senior Secretary, Agriculture Department, at a salary of $11,003, to Administrative Secretary to the Vice President for Administrative and Fiscal affairs, at a salary of $12,397 effective January 27, 1986. 86-74 Upon motion of Regent Hile, seconded by Regent Garner, with all members voting aye, it was ordered that the following retirements be accepted: 1. Department of Accounting Dr. Frank A. Ross, Professor of Accounting, effective July 31, 1986. 2. Department of Administrative Services Dr. Kenneth Durr, Professor of Administrative Services, effective August 31, 1986. Mr. John W. Hamilton, Assistant Professor of Administrative Services, effective August 31, 1986. 3. Department of Elementary Education Dr. Mary Appleberry, Professor of Elementary Education, effective August 31, 1986. 4. Department of History Dr. Vera Dugas, Professor of History, effective May 31, 1986. Dr. James Nichols, Professor of History, effective May 31, 1986. 5. Department of Political Science and Geography Dr. Melville Kahn, Assistant Professor of Political Science, effective January 15, 1987. 11 6. Department of Music Dr. Melvin B. Montgomery, Associate Professor of Music, effective May 31, 1986. 7. Administrative and Fiscal Affairs Ms. Dorothy B. Whitton, Administrative Secretary to the Vice President for Administrative and Fiscal Affairs, effective January 31, 1986. Ms. Myrtle E. Link, Assistant Buyer, Purchasing Department, effective March 31, 1986. 86-75 Upon motion of Regent Bryce, seconded by Regent Moore, with all members voting aye, it was ordered that the following resignations be accepted: 1. Department of Biology Ms. Jennifer Matos, Laboratory Coordinator for Biology, effective May 31, 1986. 2. Department of Communication Ms. Tina Benson, Lecturer in Communication and Director of Student Publications, effective December 31, 1985. 3. Department of Economics and Finance Ms. Jeanette A. Eberle, Instructor, effective August- 31, 1986. Mr. Paul B, Eberle, Instructor, effective August 31, 1986. 4. Department of Geology Mr. Harry P. Hoge, Professor of Geology, effective May 31, 1986. 5. Department of Home Economics. Ms. Linda Freeman, Instructor of Home Economics, effective May 31, 1986. 6. Department of Physics Dr. James B. Rafert, Assistant Professor of Physics, effective May 31, 1986. 7. Department of Psychology Dr. Anita Webb, Assistant Professor of Psychology, effective May 31f 1986. 8. Social Work Program Mr. William E. Syers, Associate Professor of Social Work, effective May 31, 1986. 9. University Affairs Ms. Marie Hill, Coordinator of Scheduling and Services, effective December 31, 1985. Ms. Tena Hill, Placement Office Coordinator, effective February 7, 1986. Ms. Ann Snow, Police Officer, effective March 9, 1986. 86-76 Upon motion of Regent Hile, seconded by Regent Haynes, with all members voting aye, it was ordered that the following terminations be approved. 1. Department of Chemistry Dr. Phillip Ash, Assistant Professor of Chemistry, effective July 10, 1986. 2. Department of Counseling and Special Educational Programs Ms. June Tenberg, Instructor in Counseling and Special Education, effective May 31, 1986. 3. Department of Management and Marketing Ms. Marlene Kahla, Assistant Professor of Management, effective May 31, 1986. 4. Department of Music Ms. Marsha Bryant, Instructor of Music, effective May 31, 1986. 13 86-77 Upon motion of Regent Haynes, seconded by Regent Garner, with all members voting aye, it was ordered that the following requests for leave of absence be granted. 9 1. Department of Biology Dr. Charles Mims, Professor of Biology, effective September 1, 1986, through August 31, 1987. Dr. Mims will teach at the University of Georgia. 2. Department of Geology Dr. Austin Sartin, Professor of Geology, effective September 1, 1986, through August 31, 1987. Dr. Sartin has been on leave for 1985-86 and has requested a continuation of his leave. 3. Department of"Health and Physical Education Mr. Stan Bobo, Instructor of Health and Physical Education, effective September 1, 1986, through May 31, 1987. Mr. Bobo will pursue the Master of Fine Arts degree at Florida State University. 4. Department of Music Dr. Cody A. Garner, Professor of Music, effective September 1, 1986, through May 31, 1987. Dr. Garner has been on leave for the 1985-86 academic year and has requested a continuation of his leave. 86-78 Upon motion of Regent Haynes, seconded by Regent Moore, with all members voting aye, it was ordered that the followinq returns from leave be accepted: 1. Department of Counseling and Special Educational Programs Dr. Bernard-thomas Hartman, Professor of Counseling and Special Education, effective September 1, 1986. 2. Department of Music Mr. John Goodall, Instructor of Music, effective September 1, 19 86. 3. Department of Sociology Dr. Gregg Robinson, Assistant Professor of Sociology, effective September 1, 1986. 14 86-79 Upon motion of Regent Sutton, seconded by Regent Garner, with all members voting aye, it was ordered that the following promotions be granted: To Professor Emeritus: Dr. June Irwinf Regents Professor, Health and Physical Education Dr. Arthur Clagett, Sociology Dr. James Nichols, History Dr. Frank Lauderdale, Accounting To Professor: Dr. Vera Dugas, History, effective May 1, 1986. To Associate Professor Dr. George Dailey, Computer Science, effective September 1, 1986 To Assistant Professor: Dr. Charles Gavin, Music, effective September 1, 1986. 86-80 Upon motion of Regent Haynes, seconded by Regent Garner, with all members voting aye, it was ordered that the profesors listed below be awarded Regents Professorships as indicated: Regents Professor for Teaching - Dr. David W. Jones, Professor of Music Regents Professor for Research - Dr. Elray Nixon, Professor of Biology 86-81 Upon motion of Regent Bryce, seconded by Regent Hile, it was ordered that the following members of the faculty be awarded academic tenure: Dr. Don A. Hay, Biology Dr. G. Michael Epping, Management•and Marketing Dr. James R. Speer, Psychology Dr. Kathryne Kolar, Social Work 15 86-82 Upon motion of Regent Garner, seconded by Regent Hile, with all members voting aye, it was ordered that the amendment to the constitution of the Faculty Senate, as stated below, be approved: Amendment to Article 1, Section 5 Section 5. The term of membership on the Faculty Senate shall be three years. To provide for continuity of organization and function, one third of the membership shall be elected each year. Upon the completion of a three-year term, or a two year unexpired term of membership, no faculty member shall be eligible for reelection until the expiration of two academic years. Should the Senate determine that an imbalance in the numbers of first, second or third-year senators exists, it may adjust its composition by designating an appropriate number of elective positions to be filled for two-year, rather than three-year terms. (Underlined sentence represents an addition to the section.) 86-83 Upon motion of Regent Hile, seconded by Regent Moore, with all members voting aye, it was ordered that the following amendment to the policy entitled "Procedural Guarantees Relating to Termination and Non-Renewal of Contracts" be approved. Current Policy Section 4(a). The University Grevience Panel will be composed of twenty-one tenured faculty members, one from the School of Applied Arts and Science, two from the Library and three each from the other academic Schools (exclusive of the Graduate School). Amended Policy Section 4(a). The University Grievance Panel will be composed of twenty-four tenured faculty members, three each from the Library and each academic School (exclusive of the Graduate School). " (The phrases to be changed are underlined.) 86-84 Upon motion of Regent Sutton, seconded by Regent Haynes, with all members voting aye, it was ordered that the 1986 Summer Budget, as submitted under separate cover, be approved. 16 86-85 Upon motion of Regent Bryce, seconded by Regent Hile, with all members voting aye, it was ordered that the annual operating budget for FY87 be approved as submitted under separate cover. The annual budget provides for a total current fund expenditure of $49,767,281 and current revenue and transfers of $49,767,281. FINANCIAL CERTIFICATION In accordance with the request of the Board of Regents, the President of the University and the Vice President for Administrative and Fiscal Affairs certify, to the best of their knowledge and belief, that: 1. All accounting reports submitted to the Board of Regents contain information resulting from procedures that are in compliance with state law and regulations and are correct: 2. That ^ all funds are on deposit with approved depositories as authorized by the Board on Julv 22, 1985. y 86-86 Upon motion of Regent Hile, seconded by Regent Moore, with all members voting aye, it was ordered that the administration be authorized to purchase the property located at 214 Carolyn Street at a cost of $80,000. Source of Funds: Higher Education Assistance Funds 86-87 Upon motion of Regent Garner, seconded by Regent Sutton^—with all members voting aye, it was ordered that the admini<4ajion take bids for certain contract work on the Liberal Arts North Fourth Floor Addition and that the President be authorized to sign the contracts with the approval of the Executive Committee of the Board. Source of Funds: Higher Education Assistance Funds 86-88 Upon motion of Regent Garner, seconded by Regent Sutton, it was ordered that the budget for the • completion of the fourth floor of the Liberal Arts North Building be approved as presented below: Contract Work $ 228,968 Inhouse Work 200,000 Architect Fees 32rAll Contingency 3 0,000 Administration 5 , qqq Total Budget $ 496,445 17 86-89 Upon motion of Regent Moore, seconded by Regent Garner, with all members voting aye, it was ordered that the administration be authorized to accept bids, and that the President be authorized to sign purchase orders and/or authorize University personnel to perform work, for the site preparation for the Stephen F. Austin statue, with an expenditure not to exceed $126,000. Source of Funds: Ad Valorem Tax Fund and/or Auxiliary Surplus 86-90 Upon motion of Regent Haynes, seconded by Regent Hile, with all members voting aye, it was ordered that Change Order No. 3 with Cecil Pond Construction Company on the Griffith Fine Arts Project:...rin_the amount of $74,798 be approved and the Chairman of"the Bokrd be authorized to sign the change order. (See p(age 2lL fof Change Order). 86-91 ^-— ^ Upon motion of Regent Garner, seconded by Regent Hile, with all members voting aye, it was ordered that the contract in the amount of $2,393,515 with LCT, Inc. for the installation of a replacement telephone system as recommended by the State Purchasing and General Services Commission be approved and that the President be authorized to sign the contract documents. Source of Funds: Bond Proceeds and Higher Education Assistance Funds 86-92 Upon motion of Regent Bryce, seconded by Regent Hile, with all members voting aye, it was ordered that the administration be authorized to accept bids for telephone equipment room site work preparation and the President be authorized to issue purchase orders within the limits of the budget included below: Contract $15,825 Generator 7,000 Administrative Costs 5,000 Total Estimate $27,825 86-93 Upon motion of Regent Garner, seconded by Regent Moore, with six members voting aye and one member voting no, it was ordered that the contracts with Gorrell Construction Company and Balsam American Sports Facilities for the installation of a stadium drainage system and track renovation work at Lumberjack Stadium, at a total combined cost for the two projects of $586,097.55 be approved subject to the engineer properly d^i^ing the cost to the two separate projects. (See pag^ ±[ : for contract). 18 86-94 Upon motion of Regent Hile, seconded by Regent Garner, with all members voting aye, it was ordered that the administration be authorized to accept bids for the replacement of carpet on the second floor of the Library, and that the President, with the approval of the Chairman of the Board, be authorized to sign the purchase order. Source of Funds: Proposition II Allocation 86-95 Upon motion of Regent Haynes, seconded by all members of the Board, with all members voting aye, it was ordered that the football stadium, presently referred to as Lumberjack Stadium, be named for Mr. Homer Bryce in recognition and appreciation for his longstanding and substantial support of Stephen F. Austin State University. The stadium will be known as "Homer Bryce Stadium." 86-96 Upon motion of Regent Garner, seconded by Regent Bryce, wilh all members voting aye, it was ordered that the Board of Regents reaffirm the agreement previously entered into between the University and Temple-Eastex, Incorporated, that the forestry field station, presently under construction, be named "Temple-Eastex Forestry Laboratory." This will be further recognition of the substantial gift made by the Temple Foundation for the construction of the facility. 86-97 Upon motion of Regent Garner, seconded by Regent Bryce, with all members voting aye, it was ordered that because of the longstanding use of the name Vista Drive and its significance to the history of the University, that College Drive, which passes in front of the Austin Building and along the east side of the Alumni Building (from Griffith Drive to North Street), be renamed Alumni Drive. 86-98 Upon motion of Regent Bryce, seconded by Regent Garner, with^ all members voting aye, it was ordered that the preliminary plans for the Rusk Renovation Project be approved and that the administration be authorized to proceed with detailed plans and specifications and to accept bids at the appropriate time; Source of Funds: Higher Education Assistance Funds. 86-99 Upon motion of Regent Moore, seconded by Regent Hile, with all members voting aye, it was ordered that the meeting be adjourned at.10:25 a.m. 19 A majority of the members of the Board shall constitute a quorum. Proxies shall not be recognized. No formal action shall be taken by the Board in the absence of a quorum. 3. Designation of Officers The Officers of the Board shall include a Chairman, a Vice Chairman, a Secretary, and such other officers a may from time to time be elected or appointed. 4. Election of Chairman and Authorization of Duties At the Annual Meeting of the Board, and as the first order of business after the meeting has been called to order, there shall be elected from the membership of the Board a Chairman, who shall take office immediately following election, and who shall serve until the next Annual Meeting. No member shall serve more than two consecutive terms as Chairman unless the members shall re-elect such member for each term after the two consecutive terms by unanimous vote at a meeting at which at least six members are present. In the event of a Chairman's death or resignation, the Vice Chairman shall serve as Chairman of the Board until the next Annual Meeting. The Chairman of the Board shall preside at all meetings of the Board which he attends. He/she will be responsible for the agendas of the meetings of the Board. He/she shall have the authority to call special meetings of the Board, as herein provided. CHANGE ORDER AIA DOCUMENT G70I Distribution to: OWNER 00 ARCHITECT RJ CONTRACTOR R) FIELD Q OTHER D 20 proiect- Renovation of the Griffith Building ruAMr.- non[t) K1IU,DCO c ,^ ZZ address) Stephen F. Austin State University CHANCE ORDER NUMBER: Four (4) Nacogdoches, Texas INIT.ATION DATE: April 14, 1986 TO (Contractor): r —\ ARCHITECT'S PROJECT NO: FS 8237 Cecil Pond Construction Company CONTRACT FOR: General Construction 1600 North Jackson Jacksonville, Texas 75766 I _J CONTRACT DATE: April 25, 1984 You are directed to make the following changes in this Contract: 1. Add seventy four thousand, seven hundred ninety seven dollars and seventy-eight cents ($74,797.78) to the construction contingency fund against which approved modifications through Modification No. 100 will be drawn. Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (&xmtex})MmwXKK&M) was $ 3,388,200.00 Net change by previously authorized Change Orders $ 104 ,143 .20 The (Contract Sum) K^wxwt^ $ 3,492,343.20 The (Contract Sum) (&m^X&m*mxxXXX$ will be (increased) (ti£K^^;(a>^XKg^ by this Change Order $ 74 797 7g The new (Contract Sum) KS^^^M*X_*XKK ... $ 3,567 ! 140 ! 98 The Contract Time will be fitttttttgtf) (tf-KteX&Kft (unchanged) by ( 0 ) Days.' The Date of S^K^KXlXCompletion as of the date of this Change Order therefore is October 10, 1985 . Authorized: Board of Regents F&S Partners Incorporated Cecil Pond Construction Co. Stephen F. Austin State Univ, 'ffi&TEfravis St.. Suite 201 T&Tfiofoh Jackson ffl?.EW 6108, SFA Station Address r\ Address Address Dallas\tiejxas 75?Q4-1497 Jacksonville, Texas 75766 Nacogd'ochfig, Texas 75962 BY ' 1 * Vjl RV / Pat Y. Spillman, Chairman of 7^7 ~ " 7" DATE thP Board date *T-& - fr . Gorrell, I^sulent(SeaI) (If Corporation) -(Seal) JSeal) Principal A u-^L—/-^->v Gail Gresham \NCE/TOMy-\NY OF AMERICA 29 SAFECO INSURANCE COMPANIES SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE. SAFECO PLAZA. SEATTLE. WASHINGTON 98185 Bond Mn 5079274 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That, we Gorreli Contracting Company, Inc. Route 13, Box 39, Conroe, Texas 77303 (hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington, with its principal office in the City of Seattle, Washington (hereinafter called the Surety), as Surety, are held and firmly bound unto Dollars, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS', the Principal has entered into a certain written contract with the Obligee, dated the 14th day May 19_86., to wit: which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a sub-contractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Stat utes of Texas as amended by Acts of the 56th Legislature, 1959, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 14th of May 19 86. Gorrell Contracting Company, Inc. Walter T. Gorrell, Presiderrf Principal SAF^O.Q^URANCE COMgANtf'OF AMERICA (Seal) ^ * t. 4mpbe 11 "^^"*Fact POWER OF ATTORNEY SAFECO SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 30 No. 7223 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint C. D. McAFEE; FRANK FAGAN; LINDA MCCARTHY; SHIRLEY A. CAMPBELL, Conroe, Texas its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 24th day of May , 19_&1_. CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or ah assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I. W.D. Hammersla, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal of said corporation this 14th day Of May rRODUCER » -ntgornery County Insurance Agency, Inc. \.0. Box 1947 "onroe, Texas 77305 •vsured ! »rrell Contracting Co., Inc. & brank J. Gorrell, Individually Rt. 13, Box 39 : >nroe, Texas 77303 E DATE (MM./DD.VY) 78/86 31 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE! AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A letter ** Northbrook Property & Casualty Ins. Co. COMPANY o LETTER *» COMPANY LETTER COMPANY w\ LETTER u COMPANY LETTER m W m m Ft mi THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WiTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI TIONS OF SUCH POLICIES. £*** JR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIV DATE POLO' DCPJV DATE LIABILITY LIMiTS IN THOUSANDS EACH OCCURRENCE GENERAL LIABILITY COMPREHENSIVE FOR,1/ BODILY IWJRY PREM.JSES'OPERATIOf^ UMDER3R0JN0 EXPLOSION & COLLAPSE HAZARD PR0DjrrS/C0f.1PLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY IMP 0064537 1/1/86 1/1/87 PROPERTY DAMAGE El L FD COMBINED 1,000 $1,000 PERSONAL INJURY 51,000 AUTOMOBILE UABlLrTY ANY AUTO ALL OWNED ALTOS (PXV PASS.) ALL OWT® AUTOS (^%^) HIRED ALTOS NOS'-OVWSD A'JTOS CA 0064538 1/1/86 1/1/87 PfiCPEnTY DAMAGE OARAG: LIABILITY COMBINED S 1,000 EXCESS LIABILITY B UMBRELLA FOR.1.'. OTHER THAN UMBRELLA FORM 6! & FD COMBINED WORKERS' COMPENSATION AND EMPLOYERS' UABIUTY STATUTORY WC 0064536 1/1/86 1/1/87 gg S 100 (EACH ACCIDENT) 500 (DISEASE-POLICY LIMm * $ 10 0 (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS'LOCATIONS'VEHICLES/SPECIAL ITEMS Project: Athletic Field Preparation, Lumberjack Stadium Stephen F. Austin University ^ Nacogdoches, Texas Ml operations ATEHOLDER Stephen F. Austin University Nacogdoches, Texas SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-PIRAT1QK DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1U DAYS WRITTEN NOTICE- TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THEjfDMPANY, FTS AGENTS QR REPRESENTATIVES. 32 OWtffiR-CONTRACTOR AGREEMENT THIS AGREEMENT is dated as of the 5th day of May in the year 1986 by and between Stephen F. Austin State University (hereinafter called OWNER) and Gorrell Contracting Co., Inc. (hereinafter called CONTRACTOR). OWNER AND (X)NTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: "Athletic Track Preparation at Lumberjack Stadium11 for Stephen F. Austin State University Article 2. ENGINEER. tThe Project has been designed by Lamb & Barger Consulting. Engineers who are hereinafter called ENGINEER and who will assume all duties and res ponsibilities and will have tine rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1 The work will be substantially completed within 84 days after the date when the Contract Time cormvences to run as provided in paragraph 2.3 of the General Conditions, and 'completed and ready for final payment in accordance with paragraph 14 # 13 of the General Conditions within 89 days after the date when the Contract Time corrmences to run. 3.2 Liquidated Damages. OWNER AND CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by CWNER if the Work is not substan tially complete on time. Accordingly, instead of requiring any such proof, a^ER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five Hundred Dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for sub stantial completion until the Work is substantially complete. Article 4. CONTRACT PRICE. 33 A.I OWNER shall pay CONTRACTOR for performance of tine Work in accordance vith the Contract Documents in current funds as follows: (1) Total amount of Base Bid Items related to "Athletic Track Preparation" projects at Lumberjack Stadium as identified on Exhibit "A" of the Contract in the amount of One Hundred Ninety Two Thousand, Five Hundred Thirty Three and 71/100 Dollars, ($192,533.71). (2) Total amount of material incorporated into work for Tax Exemption, One Hundred Nine Thousand, Five Hundred Ninety One and No/100 Dollars, ($109,591.00). (3) Bid Form "A" submitted by Gorrell Contracting Co., Inc., dated April 24, 1986, attached for unit prices for bid items on Exhibit "A" of the Contract. Article 5. PAYMENT PROCEDURES. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will bs processed by ENGINEER as provided in the General Conditions. 5A Progress Payments. OWNER shall make progress payments on account c* *-e Contract Price on the basis of CONTRACTOR'S Applications for Payrer" as reeormended by ENGINEER, on or about the 15th day of each month curL-c construction as provided below. All progress payments will be on th« b»s«s o. the progress of the Work measured by the schedule of values D-o"*d~1 -'— m paragraph 4.1 of the'General Conditions. * 5.1.1 Prior to Substantial Completion progress payments wiU in ar arount equal to 95 percent of the Work completed, and 95 percent o: raterials and equipment not incorporated in the Vbrk but deliverer" and suitably stored less in each case the aggregate of pay-^s ~ previously made. ' w 5.2 Final Payment. Upon final completion and acceptance of the Vto*-1- ir accordance with paragraph 14.13 of the General Conditions, OKMER sna" ' pay the reminder of the Contract Price as reccmnended by ENGINEER as" provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due hcreunder shall tear interest at th« rraxinm rate allowed by law at the place of the Project. .-•_.. Article 7. CCNTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR r£y*s ^ -ollc.v-ing representations: ' w" 34 8.6 Drawings, consisting of a cover sheet and sheets numbered 1 through 10 inclusive with each sheet bearing.the following general title: Sheet No, Title 1 Title SI ice t 2 General Layout 3 Drainage & Gradingf South End of Field 4 Filter System for Slopes 5 Layout Plan & Details, Long Jump/ Triple Jump Facility 6 Drainage & Grading/ North End of Field 7 Layout Plan & Details, Pole Vault Facility 8 Grading Plan, Football Field & Sidelines 9 Drainage Structures Details 10 Layout Plan & Details, Athletic Track 8.7 Addenda number 1. 8.8 CONTRACTOR'S Bid (Pages A-15 to A-24, inclusive) . 8.9 Documentation submitted by CONTRACTOR with Bid. 8.10 Any Modification, including Change Orders, duly delivered after execution of Agreement. 8.11 There are no Contract Documents other than those listed above in this Article 8. The Contract Documents ray only be altered, amended or repealed by a Modification (as defined in Section 1 of the General Conditions). Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditons shall have the meanings indicated in the General Conditions, 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent 'of the party sought to be bound; and specifically but with out limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsiblity under the Contract Documents. 35 8.6 Drawings, consisting of a cover sheet and sheets numbered I through 10 inclusive with each sheet bearing the following general title: Sheet No. Title 1 Title Sheet 2 General Layout 3 Drainage & Grading, South End of Field 4 Filter System for Slopes 5 Layout Plan & Details, long Jump/ Triple Jump Facility 6 Drainage & Grading, North End of Field 7 Layout Plan & Details, Pole Vault Facility 8 Grading Plan, Football Field & Sidelines 9 Drainage Structures Details 10 Layout Plan & Details, Athletic Track 8.7 Addenda number 1. 8.8 CONTRACTOR'S Bid (Pages A-15 to A-24, inclusive). 8.9 Documentation submitted by CONTRACTOR with Bid. 8.10 Any Modification, including Change Orders, duly delivered after execution of Agreement. 8.11 There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in Section 1 of the General Conditions). Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditons" shall have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but with out limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that" the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsiblity under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants' agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR AND ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on May 19, 1986. 36 Attest Address for giving notic P. 0. Rov filflfl, c;FA c; f.., f j n n Nacogdoches. Tpv^q °y Y/M^y (CORPORAIE SEAL) Address for giving notices Rt. 13 Box 39 Conroe, Texas 77303 37 • ■ -■ EXHIBIT A Bid Items related to "Athletic Track Preparation" projects at Lumberjack Stadium. Item No. Description Unit Quantity Unit Price Amount 1 Excavation including 3 5 6 . 7 *8 9 ' 10 11 12 13 4-V Portland Cement Concrete Pavement S.Y. 874 22.50 19,665.00 14 12" Portland Cement Concrete Curb L.F. 3,406 8.50 28,951.00 2.75 7,656.00 3.25 383.50 8.50 348.50 24.00 1,848.00 750.00 4,500.00 Ton 103 29.00 2,987.00 EA-1 Exhibit A Cont'd. 38 Item No, Description Unit Quantity Unit Price Amount Total Amount Bid Items Related to "Athletic Track Preparation" projects at Lumberjack Stadium $192,533.71 EA-2 39 SAFECO INSURANCE COMPANIES SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLA2A. SEATTLE. WASHINGTON 93185 PERFORMANCE BOND (McGregor Act-Public Works) Texas Bond No. 5079275 KNOW ALL MEN BY THESE PRESENTS, That, we, ftnrreii Contracting Company, Inc. Routp 13, Roy 3Q, ConraeT Texas 77303 __ (hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington, with its principal office in the City of Seattle, Washington (hereinafter called the Surety), as Surety, are held and firmly bound unto _ Stephen F. Austin University (hereinafter called the Obligee) in the amount of One Hundred Ninety Two Thousand Five Hundred Thirty Three and 71/IQQths- -($192,533.71) Dollars, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the fJM . 19 86T to wit: 14th _day Athletic Field Preparation. Lumberjack Stadium, Stephen F. Austin University, Nar.ogrinr.hes, Texas which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, 1959. and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this, of May iq 86 Witness: 14th .day Attest: (If Individual or Firm) J Gorreii Contracting C Walter F. Gorreli, President (Seal) (If Corporation) faUs (Seal) Principal J^SURANC^CWPANV OF AMERICA Gail Gresham /Sea!) -ftomcv-in-Fact ® 40 SAFECO INSURANCE COMPANIES SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAZA. SEATTLE. WASHINGTON 98185 Bond No 5079275 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That, we Sorreii Contracting Company, Inc. Route 13, Box 39, Conroe, Texas 77303 (hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington, with its principal office in the City of Seattle, Washington (hereinafter called the Surety), as Surety, are held and firmly bound unto . Stephen F. Austin University (hereinafter called the Obligee) in the amount of One Hundred Ninety Two Thousand Five Hundred Thirty Three and 71/100ths mq?,533.71) Dollars, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 14th day nf May 19.36., to wit: Athletic Field Preparation, Lumberjack Stadium. Stephen F. Austin Univprsit.y, Nacogdoches, Texas which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a sub-contractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Stat utes of Texas as amended by Acts of the 56th Legislature, 1959, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 14-Jb day nf May 19_86_. Gorrell Contracting Company, Inc. /Seal) Walter F. Gorrell, President Principal F AMERICA (Seal) "7 SAFECQ INSURANCE j 0 ^ttorney-irisFact Shirley A. Campbell POWER OF ATTORNEY SAFECO SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 41 No. 7223 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint C. D. McAFEE; FRANK FAGAN; LINDA MCCARTHY; SHIRLEY A. CAMPBELL, Conroe, Texas its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 24th day of Hay 19 83 . CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I. W.D. Hammersla, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 14th day Of May 19 86 , S-1300 R4 8/81 PRINTED IN U.S.A. xora County Insurance Agency, Inc. . Box 1947 Dnroe, Texas 77305 MSJRED rell Contracting Co., Inc. & . Jik J. Gorrell, Individually t. 13, Box 39 --troe, Texas 77303 THIS CERTIFICATE IS ISS'JEO AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE letter^ A Northbrook Property & Casualty Ins. Co, s COMPANY LETTER COMPANY LETTER COMPANY LETTER COMPANY LETTER TIONS OF SUCH POLICIES. LIABILITY LIMITS IN THOUSAND TYPE OF INSURANCE POLICY NUMBER GENERAL LLABILrTY COK'.?R£H£NSrVE IMP 0064537 ! I COLLAPSE HAZARD PROD'JCTSCOMPLETED OPERATIONS 1 x iukpendent cchvtractors BROC- FDRK^ PROPERTV DAMAGE PERSONAL INJURY j AUTOMOBILE LIABILITY A'JTO -fA_L OWN-ED ALH-QS (PRW. PASS.) CA 0064538 ».r« t.rrnc /OTHER THAN\ •N-jAJT0S(pR!V. PASS i MiZ AUTOS garage LiA5:.rrY EXCESS LIABILITY UMBRELLA CTHEF. THAN UMBRELLA FORW WORKERS" COMPENSATION AND EMPLOYERS' LIABILITY WC 0064536 SCRlRTiON OF OPERATlONS/LOCATlONSVEHlCLES'SPEClAL ITEMS All operations Project: Stadium Drainage, Lumberjack Stadium, Stephen F. Austin University Nacoqdoches. Texas Stephen F. Austin University Nacogdoches, Texas SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-PIRAT1QN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO fc« MAIL ID DAYS WRTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 5 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 6 OnFp AakNjYy KKIiNwDn UUPPOONN TTHHEE JoMPANY. fTS AGENNTTSS J9^RR REPRESENTATIVES. 43 OWNER-CONTRACTOR AGREEMENT THIS AGREEMENT is dated as of the 5th day of May in the year 1986 by and between Stephen F. Austin State University (hereinafter called OWNER) and Balsam America Sports Facilities, Inc. (hereinafter called CONTRACTOR) . OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Vfork as specified or indicated in the Contract Documents. The Vtork is generally described as follows: "Installation of Athletic Track Surface at Lumberjack Stadium" for Stephen F. Austin State University Article 2. ENGINEER. The Project has been designed by Lamb & Barger Consulting Engineers who are hereinafter called ENGINEER and who will assume all duties and res ponsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1 The work will be substantially completed within 25 days after the date when the Contract Time cormences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 30 days after the date when the Contract Time coirnences to run. 3.2 Liquidated Damages. OWNER AND CONTRACTOR recognize that time is of the essence of this Agreesnent and that OWNER will suffer financial loss if the Work is not substantially ccmplete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Wbrk is not substan tially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five Hundred Dollars ($500.00) for each day that.expires after the time specified in paragraph 3.1 for sub stantial completion until the Work is substantially complete. 44 Article 4. CONTRACT PRICE, 4.1 OWNER shall pay CONTRACTOR for performance of the Vfork in accordance with the Contract Documents in current funds as follows: (1) Total amount of Base Bid (sum of Total Amount for Items 1 through 5) , One Hundred Forty Six Thousand, Eight Hundred Eighty Eight and 40/100 Dollars, ($146,888.40). (2) Total amount for material incorporated into the work for Tax Exemption, One Hundred TVx> Thousand, Eight Hundred Twenty One and 88/100 Dollars, ($102,821.88). (3) Bid Form "B" submitted by Balsam America Sports Facilities, Inc. dated April 24, 1986, attached for unit prices of Items 1 through 5. Article 5. PAYMENT PROCEDURES. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER, on or about the 15th day of each month during construction as provided below. All progress payments will be on the basis of the progress of the'Work measured by the schedule of values provided for in paragraph 4.1 of the General Conditions. 5.1.1 Prior to Substantial Completion progress payments will in an amount equal to 95 percent of the Work completed, and 95 percent of materials and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragrapn 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due hereunder shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CCNTRACTOR'S REPRESENTATIOSIS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 45 7.1 COOTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 7.2 CX)NTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions. 7.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 7.2 as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no addi tional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has correlated the results of all such observations, ex aminations, investigations, tests, reports and data with the terms and con ditions of the Contract Documents. 7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors - or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and con sists of the following: 8.1 This Agreement (pages 1 to 5, inclusive). 8.2 Performance and Payment Bonds. 8.3 Notice of Award. 8.4 "Project Manual for Athletic Track and Drainage Improvements at Lumberjack Stadium" and consisting of all divisions and pages, as listed in table of contents thereof. 46 8.5 Drawings, consisting of a cover sheet and sheets numbered 1 throuqh 10 inclusive with each sheet bearing the following general title: Sheet No. Title * Title Sheet ^ General Layout 3 Drainage & Grading, South End of Field * Filter System for Slopes Layout Plan & [Details, Long Jump/ Triple Jump Facility 6 Drainage & Grading, North End of Field 7 Layout Plan & Details, Pole Vault Facility 8 Grading Plan, Football Field & Sidelines Drainage Structures Details 10 Layout Plan & Details, Athletic Track 8.6 Addenda number 1. 8.7 CONTRACTOR'S Bid (Pages A-25 to A-29, inclusive) . 8.8 Documentation submitted by CONTRACTOR with Bid. 8.9 Any Modification, including Change Orders, duly delivered after execution of Agreanent. .8.10 There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in Section 1 of the General Conditions). Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the ireanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without Imitation, moneys that nay become due and moneys that are due my not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor frcm any duty or responsibility under the Contract Documents. 47 9.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representative to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. IN^WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR AND ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER AND CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on August 10, 1986. OtoiER Stephen, F. Austin State CONTRACTOR By y (CORPORATE SEAL) (CORPORATE SEAL) Attest Address for giving notices Attest Address for giving notices P.O. Box 6108, SFA Station Nacogdoches, Texas 75962